DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11, 16-18 with respect to the rejection under 35 USC 102 is persuasive and the rejection over Attwood is withdrawn. However, the combination of Attwood and Langston et al. under 35 USC 103 is now applied to the claims (1-11, 16-18 as necessitated by amendments) as it was previously applied to claims 12-15, 19; the arguments in regards to the combination not being found persuasive.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-19, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Attwood (US 2,345,650) in view of Langston et al. (US 6,074,143)
Regarding claims 1 and 12 and 21, Attwood (hereafter “D1”) discloses an assembly for connecting a support member to a frame member having walls defining a channel therein, the channel having a channel mouth (col. 1, lines 1-5, 40-42; disclosing a skeletonized metal structure), the assembly comprising: the support member (strut 10); a bracket (nut 15, bolt 20, bracket 25) comprising: a first side (at bracket 25 flange) detachably attachable to the support member (as by bolt 20 – figure 2), and a second side (inner side of bracket 25 facing strut 10) comprising first (nut 15) and second (bracket flange abutting 10) clamping members configured to clamp one on either side of the channel wall (figure 1), wherein the first clamping member is configured to be modulated between a first configuration in which it can pass through the channel mouth and a second configuration in which it cannot pass through the channel mouth (col 3, lines 34-47).
D1 does not disclose the bracket having a pair of wings sized to receive an end portion of the support member therebetween.
Langton et al. (hereafter “D2”) teaches a framework having beams (beam assemblies 11) which are telescoping (at pin 15 / channel 13 – figure 3) and utilize end brackets (guide shoes 17/18) to connect between upright frame members (24), the end brackets comprising pairs of wings (not indexed – figure 2) for rotatably connecting to the ends of the support member (at a pin/bolt connection) to allow angular/diagonal orientations of the support member (col. 2, lines 48-65).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify D1 for use with telescoping support members as taught in D2 by modifying the bracket of D1 to add two opposite wings as in D2, on (two or more of) the brackets of D1 to allow use with pivoting telescoping cross support members as taught in D2 and to provide the capability of setting of angle of the cross support member.
Regarding claim 2, D1 discloses wherein a width of the channel (10) narrows at the channel mouth (figure 2).
Regarding claims 3-4, D1 discloses wherein the first clamping member (15) is rotatable about a bracket axis for modulating between the first and second configurations by rotating 90 degrees (col. 3, lines 34-47).
Regarding claim 5, D1 wherein the first clamping member (15) is elongate with a width which is narrower than the channel mouth and a length which is broader than the channel (10) mouth, and wherein in the first configuration a longitudinal axis of the first clamping member is oriented parallel to a longitudinal axis of the channel and in the second configuration the longitudinal axis is transverse to the longitudinal axis of the channel (figure 1; col. 3, lines 34-47).
Regarding claim 6, D1 discloses wherein the first and second clamping members are movable relative to each other by a threaded engagement (first clamping member 15 is threaded onto the threaded bolt 20 to secure the clamping members).
Regarding claim 7, D1 discloses wherein the second clamping member (at bracket 25 – figure 2) is sized and shaped to cover the channel mouth of the frame member.
Regarding claim 8, D1 discloses wherein the first (15) and second (at 25) clamping members have respective inner faces that face one another (figure 1).
Regarding claim 9, D1 discloses wherein the inner face of the first clamping member (15) has at least one protrusion (central region or the two distal regions of 15 protrude toward 25 – figure 3) extending towards the second clamping member.
Regarding claim 10, D1 discloses at least one protrusion (a bolt portion 20 protrudes from bracket through opening or slot in the frame/channel 10) on one of the bracket and the frame, and at least one opening on the other of the bracket and the frame, the at least one protrusion and the at least one opening being inter-engageable (figure 1).
Regarding claim 11, D1 discloses wherein the at least one protrusion (portion of 20) extends from the second clamping member (25) towards the first clamping member (15 – figure 1).
Regarding claim 13, D1 as modified discloses a pivot connector (bolt/pin from D2 – figure 4) for connecting the end portion of the support member to the pair of wings.
Regarding claim 14, D1 as modified per claim 12 discloses wherein the support member comprises telescoping elongate portions (figure 3 – D2).
Regarding claim 15, D1 as modified per claim 12 discloses comprising a locking mechanism (13/15 – D2 - figure 3) to lock a relative position of the telescoping elongate portions.
Regarding claim 16, as D1 discloses construction of skeletonized structure such as frames, rails, ladders, struts etc. (col. 1, lines 1-5), another bracket detachably attachable to another end of the support member (10) is taught.
Regarding claims 17-18, see the discussions of claims 1-11, 16 above.
Regarding claim 19, D1 as modified per claim 12 discloses support members that are capable of being attached in a diagonal arrangement and therefore it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to utilize the support member at a diagonal when desirable for a frame structure.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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/PATRICK D HAWN/ Primary Examiner, Art Unit 3631